“I Won’t Make Peace While There’s an Issue over Ancestral Land”: A Transitional Process of Land Justice Among the Îgembe of Kenya

Abstract This study explores the complexities of land formalization and the ongoing struggles for land justice among the Îgembe of the Kenyan Central Highlands. It begins by reviewing the prevailing argument that the formalization of land rights contributes to socio-economic growth and tenure security in the Global South. The study highlights the relational nature of rights in different contexts in African countries and discusses both the evidence and the scepticism surrounding land formalization. While the aim was to restore land rights to local people from colonial powers, the introduction of land registration in Kenya allowed political elites to appropriate land. The Îgembe people, having experienced land injustice in their local socio-historical context, have navigated the complexities of land disputes using indigenous institutions alongside state legal processes. I argue that success in land disputes often comes from a combination of personal courage and the use of both indigenous and formal legal frameworks.

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Publication Details

Journal
Asian Journal of Law and Society
Published
2025-09-19
DOI
https://doi.org/10.1017/als.2025.10020
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

“I Won’t Make Peace While There’s an Issue over Ancestral Land”: A Transitional Process of Land Justice Among the Îgembe of Kenya

Shin‐ichiro Ishida
Asian Journal of Law and Society
Land Rights and Reforms
article

“I Won’t Make Peace While There’s an Issue over Ancestral Land”: A Transitional Process of Land Justice Among the Îgembe of Kenya

Shin‐ichiro Ishida
article en

Abstract

Abstract This study explores the complexities of land formalization and the ongoing struggles for land justice among the Îgembe of the Kenyan Central Highlands. It begins by reviewing the prevailing argument that the formalization of land rights contributes to socio-economic growth and tenure security in the Global South. The study highlights the relational nature of rights in different contexts in African countries and discusses both the evidence and the scepticism surrounding land formalization. While the aim was to restore land rights to local people from colonial powers, the introduction of land registration in Kenya allowed political elites to appropriate land. The Îgembe people, having experienced land injustice in their local socio-historical context, have navigated the complexities of land disputes using indigenous institutions alongside state legal processes. I argue that success in land disputes often comes from a combination of personal courage and the use of both indigenous and formal legal frameworks.

Asian Journal of Law and Society
Tokyo Metropolitan University (JP)
Openalex Percentile: Top 68%
Land Rights and Reforms
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“I Won’t Make Peace While There’s an Issue over Ancestral Land”: A Transitional Process of Land Justice Among the Îgembe of Kenya — Shin‐ichiro Ishida · Asian Journal of Law and Society (2025) | TGRS Research Map | TGRS